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2025 DAILYLAW 80881 (ALL)

RAMVILASH v. STATE OF UP AND 13 OTHERS

WRIC/25293/2025 · 2025-07-31

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129339 Court No. - 34 Case :- WRIT - C No. - 25293 of 2025 Petitioner :- Ramvilash Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Satish Chandra Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "I To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to take action against the respondent no. 11 Ravindra Singh and his family members, interfering in peaceful possession of the petitioner over Gata No. 282 Ka, situated at Village Behta Chauhan, Pargana and Tehsil-Aonla, District-Bareilly. II. To issue a writ, order or direction in the nature of mandamus to issue an interim direction to learned Civil Judge (Junior Division), Aonla, Bareilly, District-Bareilly to decide the 6C application pending in Original Suit No. 33 of 2025 (Ram Vilas Versus Lalman and others) pending before him within a stipulated period." From perusal of prayers made in the writ petition, it transpires that the relief sought by the petitioner is against the private respondent no.11. No mandamus can be issued against private respondent. Writ petition under Article 226 of the Constitution of India is not maintainable as the private respondent no.11 is not the instrumentality of the State, as defined under Article 12 of the Constitution of India. Moreover, the dispute appears to be in respect of agricultural land. The suit instituted by the petitioner is also not maintainable. Writ petition stands dismissed. Order Date :- 1.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad